PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           25 January 2001
	DOCKET NUMBER:   AR2000042717

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen A. Heinz 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he held the rank of Specialist (SP4/E-4) when he was honorably discharged.

3.  The applicant states that he was an E-4 and his pay records will verify this.

4.  The applicant’s military records show that he was inducted into the Army of the United States for 2 years on 7 February 1968.  Following completion of all required military training, he was promoted to Private First Class (PFC/E-3) on 12 June 1968, awarded military occupational specialty (MOS) 11C, Indirect Fire Infantryman, and sent to Vietnam.

5.  The applicant arrived in Vietnam on or about 11 July 1968 and was assigned to Company C, 2nd Battalion, 14th Infantry.  On 9 August 1968 while participating in combat operations against the enemy, he was wounded in the left knee by shrapnel.  Medically evacuated from the field to the 12th Evacuation Hospital, he was treated and subsequently transferred to Kimbrough Army Hospital, Fort Meade, Maryland, for continued treatment.

6.  Upon his recovery, the applicant was transferred to Fort Benning, Georgia, and assigned to Headquarters and Headquarters Company, 1st Battalion, 29th Infantry.  He was honorably discharged on 12 January 1970 with 1 year, 11 months, and 6 days of creditable service.  

7.  There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) showing that he was ever promoted to SP4.  His DA Form 20 (Enlisted Qualification Record), while listing uniformly excellent conduct and efficiency ratings throughout his period of service, only reflects promotion to the rank of PFC.  His DD Form 214 shows his rank as PFC/E-3 and shows that he received the following awards:  "National Defense Service Medal, 1 O/S Bar, Expert(81mort) (Rifle M-14), Purple Heart, Vietnam Service Medal w/1 Bronze Star."

8.  There are numerous documents in the applicant's MPRJ that reflect his rank as SP4.  His DA Form 2475 (Personnel Data Card) shows his grade as E-4 with a date of rank of 22 January 1969.  His SF 89 (Report of Medical History), dated 20 November 1969, lists his rank as SP4, and a DD Form 1407 (Dependent Medical Care) and DA Form 2962 (Security Termination Statement and Debriefing Certificate), both dated 12 January 1970 (his separation date), show the applicant's rank as SP4.  There is nothing in the record to show that he was reduced to PFC after signing these forms, but before being separated.

9.  The Defense Finance and Accounting Service was queried to determine whether the applicant was paid as an SP4/E-4; however, the applicant's pay records are no longer on file.

10.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 to August 1968 by Department of the Army General Order Number 48, dated 1971.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal for the period 20 April 1966 to 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

CONCLUSIONS:

1.  The record reflects that the applicant was a good soldier who served his country in Vietnam where he was wounded and received the Purple Heart and Combat Infantryman Badge.  Throughout his active service, his conduct and efficiency were rated as excellent.

2.  Although there is no order promoting him to SP4/E-4 in his record, there are numerous documents in his MPRJ that refer to him as such.  His Personnel Data Card indicates his date of rank to SP4/E-4 as 22 January 1969.  There is nothing in his record to suggest that he was promoted to SP4/E-4 and later reduced to PFC.

3.  The applicant's DD Form 214 does not reflect all the awards and decorations to which he is entitled.  In addition to the awards listed, he is entitled to the GCMDL, VCM, Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, and the CIB.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, that:

	a.  Changes Block 5a and b to read "SP4" and "E-4," respectively;

	b.  Changes Block 6 to read "22 Jan 69;" and

	c.  Adds the following awards to Block 24:  the GCMDL, VCM, Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, and the CIB.

BOARD VOTE:  

__jh____  __le_____  __kah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		        __June Hajjar__
		        CHAIRPERSON

INDEX

CASE ID	AR2000042717	
SUFFIX		
RECON		
DATE BOARDED	20010125	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	100.0000	
2.	110.0000	
3.		
4.		
5.		
6.